All employment decisions shall be made uniformly on the basis of merit. This commitment by the University provides for equal opportunity in recruitment, appointment, promotion, payment, training, and other personnel practices without regard to race, ethnic origin, sex, sexual orientation, color, creed, religion, age (40 and above), political belief, or national origin. The University does not discriminate against any employee or applicant for employment because of Vietnam-era veteran status, disabled veteran status or physical or mental handicap in regard to any position for which the staff employee or employment applicant otherwise meets minimum qualifications. (See Part XII.A. of the Governing Regulations.) Also, the University does not discriminate against any employee or applicant for employment because the individual is a smoker or nonsmoker, as long as the person complies with University policy concerning smoking. However, this regulation does not require the provision of employee benefits to an employee for the benefit of any person other than a spouse or child of the employee.

2.1.2

Sexual harassment is a violation of University rules.

2.1.2.1

Sexual harassment is one form of sex discrimination. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical actions of a sexual nature constitute sexual harassment when:

2.1.2.1.1

Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment;

2.1.2.1.2

Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting an individual: or

2.1.2.1.3

Such conduct substantially interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.

2.1.2.2

It is also a violation for an individual in a supervisory capacity to take personnel action against an employee for reporting instances of sexual harassment. Blatant or repeated instances of sexual harassment is cause for disciplinary action up to and including termination of employment.

2.2

Procedure

2.2.1

Advertising and recruitment shall comply with procedures within Human Resources Policy and Procedure Number 10.0: Employment.

An employee who feels sexually harassed by a University student should seek assistance informally through the Dean of Students or the Affirmative Action Officer of formally through the Code of Student Conduct or the University Appeals Board. At a community college outside Lexington, that assistance should be informally through the Chief Student Affairs Officer of the college or the Affirmative Action Officer or formally through the Community College System Code of Student Conduct or the Community College Appeals Board.

2.2.6

An employee who feels sexually harassed by a University faculty member should seek assistance informally through the Employee Counselor or the Affirmative Action Officer or formally through the Faculty Code.

2.2.7

An employee who feels sexually harassed by a fellow University staff employee should seek assistance informally through the Employee Counselor or the Affirmative Action Officer or formally through proper administrative channels. An employee who feels sexually harassed by a fellow University staff employee should seek further formal assistance through the staff employee grievance procedure (See Human Resources Policy and Procedure Number 7.0: Grievances.) if the employee is not satisfied with the action taken through proper administrative channels. The complaint would be one of inaction or inappropriate action by an administrative officer.

2.2.8

An employee guilty of sexual harassment may be dealt with under appropriate disciplinary procedures (see Human Resources Policy and Procedure Number 62.0: Disciplinary Action and Number 12.0: Separation from Employment).

2.2.9

Any action or decision by an administrative officer affecting an alleged harasser is subject to appeal by that employee through appropriate administrative channels or the staff employee grievance procedures.